N400 Interview today with one hick-up (180 days out of the country)

[SaraDee 9]

Hi All,

 

So I had my n400 interview today after 5 years of having a green card. Most of the interview went well. I passed for the most part except for an exactly 180 day trip I took in 2020 during the height of covid. Initially, I went back home to visit my family in Canada for about a month but when covid hit my flight back was canceled by the airline and to be honest I was terrified to get on a plane with the situation the way that it was. Anyways, I ended up spending exactly 180 days out of the country. The officer said she couldn't approve my case before she saw some evidence that I didn't abandon my residency. I told her I had the evidence in hand but she said, "No." She would send me a letter and I would have to mail her the evidence. Then she would make a decision.  I have plenty of evidence, taxes, home ownership, hoa payments, insurance, car lease, bills etc. My question is, has someone on here successfully handled this type of letter? Also what can I do to convince the officer  that it was temporary and had everything to do with covid and not any kind of plan to let go of my GC or citizenship application.Also, for those who may ask, I didn't get a re-entry permit. 

 

 

Thanks,

 

Sara

[iwannaplay54 985]

This is not uncommon and your evidence list seems sound.  You’ll have to formally overcome that absence before your case can move on.

You did not “abandon” residence but you will have to justify why you “broke continuous residence”, which restarts your N400 clock.  The below is a good summary of what you need to formally provide under section “absences > 6 months but < 1 year”.  If she used the word “abandon” that was a legal error, burden of proof is on her for absences <1 year and that won’t happen.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Edited March 2, 2022 by iwannaplay54

[SalishSea 17,829]

16 minutes ago, SaraDee said:

Hi All,

 

So I had my n400 interview today after 5 years of having a green card. Most of the interview went well. I passed for the most part except for an exactly 180 day trip I took in 2020 during the height of covid. Initially, I went back home to visit my family in Canada for about a month but when covid hit my flight back was canceled by the airline and to be honest I was terrified to get on a plane with the situation the way that it was. Anyways, I ended up spending exactly 180 days out of the country. The officer said she couldn't approve my case before she saw some evidence that I didn't abandon my residency. I told her I had the evidence in hand but she said, "No." She would send me a letter and I would have to mail her the evidence. Then she would make a decision.  I have plenty of evidence, taxes, home ownership, hoa payments, insurance, car lease, bills etc. My question is, has someone on here successfully handled this type of letter? Also what can I do to convince the officer  that it was temporary and had everything to do with covid and not any kind of plan to let go of my GC or citizenship application.Also, for those who may ask, I didn't get a re-entry permit. 

 

 

Thanks,

 

Sara

What did you do for work during that six months?  Did you work in Canada?

[SaraDee 9]

1 minute ago, Jorgedig said:

What did you do for work during that six months?  Did you work in Canada?

No, I didn't work in Canada. I'm  a therapist that works for herself. I only worked when I was in the USA.

[SaraDee 9]

8 minutes ago, iwannaplay54 said:

This is not uncommon and your evidence list seems sound.  You’ll have to formally overcome that absence before your case can move on.

You did not “abandon” residence but you will have to justify why you “broke continuous residence”, which restarts your N400 clock.  The below is a good summary of what you need to formally provide under section “absences > 6 months but < 1 year”.  If she used the word “abandon” that was a legal error, burden of proof is on her for absences <1 year and that won’t happen.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Thank you. She didn't actually say abandon. That was my wording. She just said it could effect my eligibility  and she needs to see my evidence before making a decision.

[SalishSea 17,829]

4 minutes ago, SaraDee said:

No, I didn't work in Canada. I'm  a therapist that works for herself. I only worked when I was in the USA.

Okay, I only asked because they may look at how you could afford to do that and continue to finance all those things you listed while away for 6 months.

[arken 4,197]

28 minutes ago, SaraDee said:

Also what can I do to convince the officer  that it was temporary and had everything to do with covid

Convince with the evidences. No matter how sweet or cinematic you phrase them, your evidences matter not words. So just write a simple cover letter mentioning what you said here about your travel and include evidences.
 

Your lists look very good just try to arrange or list them in a good way. Include anything  other items as well that shows any recurring payments during that period. Include tax return. If your spouse was in the US that time, mention that as well,

[SaraDee 9]

19 minutes ago, arken said:

Convince with the evidences. No matter how sweet or cinematic you phrase them, your evidences matter not words. So just write a simple cover letter mentioning what you said here about your travel and include evidences.
 

Your lists look very good just try to arrange or list them in a good way. Include anything  other items as well that shows any recurring payments during that period. Include tax return. If your spouse was in the US that time, mention that as well,

Thank you. This is sound advice that I will go by. 

[Okboy 43]

1 hour ago, SaraDee said:

Hi All,

 

So I had my n400 interview today after 5 years of having a green card. Most of the interview went well. I passed for the most part except for an exactly 180 day trip I took in 2020 during the height of covid. Initially, I went back home to visit my family in Canada for about a month but when covid hit my flight back was canceled by the airline and to be honest I was terrified to get on a plane with the situation the way that it was. Anyways, I ended up spending exactly 180 days out of the country. The officer said she couldn't approve my case before she saw some evidence that I didn't abandon my residency. I told her I had the evidence in hand but she said, "No." She would send me a letter and I would have to mail her the evidence. Then she would make a decision.  I have plenty of evidence, taxes, home ownership, hoa payments, insurance, car lease, bills etc. My question is, has someone on here successfully handled this type of letter? Also what can I do to convince the officer  that it was temporary and had everything to do with covid and not any kind of plan to let go of my GC or citizenship application.Also, for those who may ask, I didn't get a re-entry permit. 

 

 

Thanks,

 

Sara

Send the evidence you already have alongside a letter, basically stating you stayed much longer than you intended due to covid. Everyone knows that covid was at its peak at that time. I had similar experience last year during my n400 interview and I responded with what they asked and got approved within a week. I

uploaded my evidence on my USCIS account and mailed it as well to the local office that interviewed me. You should be okay man. 

[iwannaplay54 985]

1 hour ago, SaraDee said:

Thank you. She didn't actually say abandon. That was my wording. She just said it could effect my eligibility  and she needs to see my evidence before making a decision.

You’re going to be fine but this is a more formal step than handing it over at an interview.  You’re good.

[SaraDee 9]

2 hours ago, Okboy said:

Send the evidence you already have alongside a letter, basically stating you stayed much longer than you intended due to covid. Everyone knows that covid was at its peak at that time. I had similar experience last year during my n400 interview and I responded with what they asked and got approved within a week. I

uploaded my evidence on my USCIS account and mailed it as well to the local office that interviewed me. You should be okay man. 

Thank you. I was getting worried a bit this afternoon. This has calmed me down.  

2 hours ago, iwannaplay54 said:

You’re going to be fine but this is a more formal step than handing it over at an interview.  You’re good.

💜 Thank. you!

[SaraDee 9]

3 hours ago, Jorgedig said:

Okay, I only asked because they may look at how you could afford to do that and continue to finance all those things you listed while away for 6 months.

If need be I can show finances but my taxes should show I had enough.

[Mike E 11,739]

I’ve been told by an IO who only does N-400s that if the LPR provides evidence no intention to break residency (when the continuous absence is 180 days or less) then the IO has no choice but to recommend approval if there are no other issues 

[SaraDee 9]

53 minutes ago, Mike E said:

I’ve been told by an IO who only does N-400s that if the LPR provides evidence no intention to break residency (when the continuous absence is 180 days or less) then the IO has no choice but to recommend approval if there are no other issues 

💜

[TBoneTX 45,291]

Thread is moved from General Immigration Discussion to the US Citizenship Case Progress subforum.